The United States remains one of the most important trademark markets for international businesses.
An overseas company may need U.S. trademark protection before launching on Amazon.com, Shopify, Walmart, through distributors, or through its own website.
The process is accessible to foreign businesses, but U.S. trademark applications have specific requirements that international applicants need to understand before filing.
One of the most important rules is representation.
Do foreign applicants need a U.S. trademark attorney?
Yes, if the applicant is domiciled outside the United States.
The USPTO states that foreign-domiciled trademark applicants and registrants must be represented before the USPTO by a U.S.-licensed attorney.
This requirement applies even if the business owner is capable of preparing documents personally.
An international legal consultancy can assist with the international strategy, documentation, classification, evidence and coordination, but the U.S. filing and representation must be handled in accordance with USPTO requirements.
This distinction is particularly important for businesses working with overseas consultants.
Step 1: Decide what you want to protect
Before filing, identify the actual trademark.
It may be:
- a brand name;
- logo;
- slogan;
- product name;
- service name;
- collective mark;
- certification mark; or
- another legally protectable identifier.
Many businesses make the mistake of filing a logo when the commercial value is actually in the wording.
If the name is the primary brand, a word mark may provide broader flexibility because protection is not tied to one particular font or graphic presentation.
The correct strategy depends on the circumstances.
Step 2: Conduct a U.S. trademark search
A search should be completed before filing.
The USPTO database should be reviewed for:
- identical marks;
- similar marks;
- related goods;
- related services;
- live applications;
- registrations;
- prior ownership; and
- potentially conflicting marks.
The USPTO’s guidance on trademark costs also confirms that filing fees depend on the application and the number of classes. The current base application fee is $350 per class when the application meets the applicable base requirements.
Government filing fees are separate from professional legal fees.
Step 3: Select the correct filing basis
U.S. trademark applications can use different filing bases.
Common routes include:
Use in commerce
The applicant is already using the trademark in qualifying U.S. commerce.
Evidence of use, commonly called a specimen, may be required.
Intent to use
The applicant has a bona fide intention to use the trademark in U.S. commerce but has not yet commenced qualifying use.
This can be useful for businesses preparing for a U.S. launch.
However, the application does not simply turn into a registration automatically. Additional steps may be required after the USPTO issues a Notice of Allowance.
Foreign application or registration
Certain applicants may use Section 44(d) or Section 44(e) based on qualifying foreign rights.
The correct basis should be determined before filing because changing the filing strategy later can create unnecessary complications.
Step 4: Choose the correct goods and services
Your trademark does not automatically cover everything your company does.
The application identifies the goods and services for which protection is requested.
This is why classification should be based on the actual business model.
For example, a company selling skincare products may need a different strategy from a company providing cosmetic manufacturing services.
An e-commerce business should also distinguish between its own products and marketplace or retail services.
Step 5: File through the USPTO
The application is submitted through the USPTO’s electronic filing system.
For foreign-domiciled applicants, the U.S.-licensed attorney is responsible for representation before the USPTO.
After filing, the application receives a serial number and enters examination.
The filing itself does not guarantee registration.
International Legal Support
MBS International Legal assists international applicants through its network of licensed attorneys in the United States, European Union, Saudi Arabia (KSA), and the Philippines. Where US attorney representation is required, we coordinate with our US-licensed attorney to support the trademark filing and related USPTO procedures.
What happens after filing?
The USPTO may issue an Office Action.
An Office Action can raise:
- likelihood-of-confusion refusal;
- descriptiveness refusal;
- identification problems;
- classification issues;
- disclaimer requirements;
- specimen problems;
- ownership or domicile questions; or
- other procedural requirements.
For most standard applications, the USPTO currently requires a response to an Office Action within three months, with an available three-month extension in qualifying circumstances and subject to the applicable fee.
Missing the deadline can result in abandonment.
Publication and opposition
If the application clears examination, it may proceed toward publication.
Publication gives third parties an opportunity to oppose the application.
A trademark registration is therefore not simply a matter of submitting a form and waiting for a certificate.
A proper U.S. trademark strategy considers the possibility of examination and opposition from the beginning.
How much does a U.S. trademark cost in 2026?
The USPTO’s base application fee is currently $350 per class when the application satisfies the base requirements. Additional fees can arise depending on the filing circumstances and deficiencies.
Professional fees are separate.
The total budget may therefore include:
- USPTO government fee;
- U.S. attorney fee;
- trademark search;
- classification work;
- Office Action response, if required;
- Statement of Use or extension, where applicable;
- opposition defence, if applicable; and
- post-registration maintenance.
The cheapest filing is not necessarily the cheapest overall strategy.
U.S. trademark mistakes foreign businesses should avoid
Filing without searching
A filing fee does not protect a business from a conflicting earlier mark.
Choosing overly broad goods
The application should reflect the actual business rather than a wish list of unrelated products.
Using incorrect evidence
Specimens and use claims must accurately reflect qualifying use.
Ignoring Office Actions
A missed deadline can destroy an otherwise viable application.
Assuming registration equals enforcement
Registration gives important legal rights, but enforcement remains the responsibility of the rights owner.
What happens after registration?
U.S. trademark owners have continuing maintenance obligations.
For a standard U.S. registration, a Section 8 Declaration of Use is generally required between the fifth and sixth years after registration. Renewal and additional Section 8 filings are then required in the relevant ten-year periods.
A trademark should therefore be treated as an ongoing asset, not a one-time filing.
Frequently Asked Questions
Can a Pakistani company register a U.S. trademark?
Yes. A foreign business can seek U.S. trademark protection, subject to U.S. requirements and representation rules.
Can I file a U.S. trademark without a U.S. attorney?
If the applicant is foreign-domiciled, a U.S.-licensed attorney is required before the USPTO.
Does owning the domain give me trademark rights?
No. Domain ownership and trademark rights are different.
Can I register a trademark before launching in America?
Potentially, including through an intent-to-use strategy where the legal requirements are met.
Final takeaway
For a foreign business, U.S. trademark registration should be treated as a legal and commercial strategy rather than a simple online form.
MBS International Legal can assist international clients with trademark searches, filing strategy, documentation, classification and coordination with appropriately licensed U.S. practitioners where U.S. representation is required.
General information only. This article is not legal advice for a specific application.
Official sources: USPTO trademark filing, fees, representation and maintenance guidance.